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Tag: fault

  • Lawyers, activists fault Buhari on rule of law comment

    More reactions have trailed President Muhammadu Buhari’s comments at the opening of the Nigerian Bar Association (NBA) Annual General Conference that “the rule of law must be subject to the supremacy of the nation’s security and national interest”.

    A human rights group, the Access to Justice (A2J), said national security is consistent with, and not exclusive of, the rule of law.

    In a statement by its Director Joseph Otteh and Programme Officer Daniel Aloaye, the group said the President misses the mark when he gives the impression that national security and rule of law are competing or exclusive notions or that a state must prioritise one over the other.

    “This is a mis-representation of the relationship between the rule of law and national security. National security and the rule of law do not contradict one another; neither are they mutually exclusive concepts.

    “The rule of law embodies the principle of governance that all persons, institutions and entities, including the state itself, are bound by duly made laws, including laws on national security,” A2Justice said.

    The group noted that a state of war or emergency may be legitimate grounds for limiting the exercise of some human rights. It, however, said even then, the limitations have to be imposed in accordance with law.

    A2Justice said: “There is, therefore, no conflict between the two notions. In any event, no state of emergency has been declared in Nigeria, neither is the country in a state of war with another country.

    “The President’s remarks come against the background of his government’s persistent disregard of court orders and judgments, repression of media freedom, gross human rights abuses by security and law enforcement agencies, intimidation of, and interference with the functions of other branches of government.

    “National security did not require the government to behave the way it has done in all of these cases, and clearly did not require security forces to commit large scale extrajudicial killings, or for the police to arrest and imprison female protesters for protesting!”

    The group urged President Buhari to correct the impression that he has disregard for rule of law.

    “The President must also resist the temptation to use rhetoric and euphemisms associated with brutal, despotic, non-democratic governments in eras quite different from now to define what national or state security is.

    “State or national security ought not to be the parochial interest of any government, or the security, for that matter, of that government; it is not the peculiar interest a government has with respect to specific people or their causes, or its interest of stifling political opposition.

    “Access to Justice urges President Buhari to respect the limits of executive powers and not misuse those powers on the grounds of ‘national security’; indeed to recognise that national security is compatible with, and could be better realised by adherence to the rule of law!” the A2Justice said.

    Constitutional lawyer and rights activist Chief Mike Ozekhome (SAN) also disagreed with the President.

    He said: “The rule of law presupposes that once a court of law has made an order for the release of a citizen on bail, for example, the president, government and all authorities must obey the order of court.

    “It is not for the government to pick and choose which order to obey and which not to obey, in the name of so called ‘national interest’ or ‘national security’.

    “This is because in arriving at a decision to release an individual on bail, the court must have first heard the facts and argument of the case of both the government and the citizen.

    “It is tantamount to executive lawlessness and governmental capriciousness and whimsicality to sit on appeal over a court decision to determine what amounts to national interest. Such a stance is a clear descent into anarchy and chaos.

    “The apex court in the case referred to by Mr. President made its pronouncement based on the peculiar facts of the case before it, the case of Dokubo Asari vs FRN (2007) 12 NWLR (Pt. 1048) 331.

    “It was not a blanket statement authorising governments to disobey clear court orders. The case did not state that rule of law should be subordinated to national interest or security.”

    Ozekhome said nations are built on precepts, which clearly limit the scope of governmental involvement in human existence.

    “Any violation of an individual’s rights and civil liberties is tantamount to a clear subversion of the nation itself. This is because without liberty and fundamental rights, the nation ceases to exist as a coherent entity.

    “National security or ‘national interest’ is a veritable smokescreen under which a tyrannical and lawless government hides to promote its own dubious agenda against the hapless masses, thus jettisoning all known provisions of the Constitution and the Bill of Rights. I hereby reject such illegal and unconstitutional theory,” Ozekhome said.

    Immediate past NBA First Vice President Mr Monday Ubani said national interest/security should be as defined by the court after examining all the evidence and factors and not as defined by the executive.

    But, a Senior Advocate of Nigeria (SAN) Mr Jibrin Okutepa, holds a slightly contrary view.

    “Lawyers and politicians have taken the president to the cleaner for this statement. But in Nigeria we are always quick to condemn without first appreciating the truth.

    “While I do not agree with the theory of law propounded by the president that national interest overrides the rule of law, the man simply told us the bitter truth of the understanding of those in power in Nigeria. And when I said those in power I mean those in power in all strata, including those in charge of NBA.

    “The President chose the best occasion to taunt the legal profession and in particular the NBA who has been breaching the rule of law the principle it claims it is promoting. The way people in power behave will show you that they have no respect for the rule of law when their selfish agenda and primordial interest is involved.

    “When we speak of the true meaning of the rule of law and correct application of it, how many people can pass the test in Nigeria, including those of us making noise about what the president said?

    “Did we as an association of lawyers observe and apply the rule of law and stick to its tenets in the just concluded charade called NBA election? Please don’t get me wrong. President Buhari is wrong, but I believe he was right in telling us the truth of what actually goes on in Nigeria.

    “When you see the way things are done in Nigeria outside the rule of law and people applaud it, you will understand my point. It is only in Nigeria that those in power violate the law and they are not visited with the appropriate sanctions.

    “Indeed, in Nigeria we apply the law against those we hate and interpret the law in favour of those we love. That is why what was condemned in 2015 is being hailed in 2018,” Okutepa said.

  • N11b refund: Workers fault Fayose’s allegation against Fayemi

    N11b refund: Workers fault Fayose’s allegation against Fayemi

    Workers in Ekiti State have faulted the claim of Governor Ayo Fayose that the Minister of Mines and Steel Development, Dr. Kayode Fayemi, and his party, the All Progressives Congress (APC), were responsible for the non-release of N11 billion refund on rehabilitated Federal roads.

    Acting under the aegis of the Enlightened Workers Forum (EWF), the workers said the governor’s claim that Fayemi and APC were frustrating his administration’s efforts to access the funds is “laughable and ridiculous”.

    In a statement yesterday by its Coordinator, Comrade Mike Bamidele, EWF said: “It is only an unserious governor that would be depending on refunds on road rehabilitation to pay workers’ salary arrears, after receiving statutory funds from the Federal Government.”

    Describing the allegation as “frivolous and an afterthought,” EWF urged Fayose to legitimately look for funds to settle the outstanding salaries and stop playing politics with workers’ welfare.

    The group warned the governor to desist from smearing the good image of the minister, saying he should mention the Federal roads that were built or repaired by his administration.

    The statement added that it was former Governors Segun Oni and Fayemi administrations that built and repaired the Federal roads in the state.

    It advised Fayose to look elsewhere for money to fulfil his statutory obligation of paying workers their accumulated emoluments and “stop being optimistic of reaping where he did not sow”.

  • Operators fault Sirika on N516b debts

    Operators fault Sirika on N516b debts

    Are airlines owing aviation agencies and some companies  N516 billion on fees,levies and navigational charges? This is the nut to be cracked as operators refuted the claim of Minister of State, Aviation, Hadi Sirika that they are owing that amount.

    They asked Sirika to prove the allegation with verifiable facts.

    In an interview, Airline Operators of Nigeria (AON) Chairman Captain Nogie Meggison said Sirika’s labelling of Nigerian carriers as weak and unfit to take advantage of the Single Africa Air Transport Market (SAATM) was a  disservice to them.

    Meggison accused the minister of reeling out figures without proof, adding that the agencies lacked the ability to “transparently record their revenues and document accurately the debts owed them by the airlines”.

    He said: “We have always asked them to list the debts. It is easy to call numbers. Let those we owe bring their bills and explain the debts. Although government cannot be held responsible for the operation of privately owned airlines, the Asset Management Corporation of Nigeria (AMCON) is competing with airlines, running two airlines with tax payers’ funds.

    “ So, we don’t have a level playing ground because AMCON is a competitor, using the taxes we pay to compete with us. When are they going to leave the airline industry?

    “Airline business is not a cash business. You accrue the charges, you are presented a bill and you pay. So, there is no airline in this world that does not owe.”

    The AON chief he said for the SAATM to work, Africa Civil Aviation Commission (AFCAC) must provide a level playing field.

    Part of the conditions, he said, was the introduction of uniform airport and navigational charges by African countries.

    He said: “In Nigeria an airline borrows money at 24 per cent interest rate, pay five per cent to the Nigerian Civil Aviation Authority (NCAA), and also pays another five per cent value added tax but these are waived by government of other countries for their own airlines.”

    Former Vice-Chairman of Arik Air  Senator Anietie Okon  berated Sirika for labelling Nigerian airlines as debtors.

    He said the airlines were not owing N516 billion.

    If the airlines are not doing well as alleged by the minister, it is his responsibility and that of the government to ensure that airlines improve their operations,he said.

    Okon said the minister should evaluate the assets of an airline and calculate the percentage of debts to the airline before saying such an airline went under, when there was a preconceived plan to take over such an airline.

    He said: “If the total debts of an airline are just 10 per cent of its assets how can you say that the company is insolvent?”

    Okon said because of airlines’ critical role in the economy, governments should support them, whether they carriers are owned by government or private investors.

    He cited how airlines, such as  Jet Airways of India, Kenya Airways, South Africa Airways and Emirates, which had financial issues and were buoyed by their governments to sustain their operations.

    Okon said: “If all airlines in Nigeria are not doing well, what is the minister doing about it?

    “The minister is running down those that committed their huge resources to run the airline industry. You know the airlines are subjected to multiple taxation.

    “You know that airlines cannot fly to over 18 airports in the country after 6pm because there are not enough facilities and you are saying that the government is not responsible for most of the problems of the airlines.

    “We took the trouble to invest and you keep on throwing  figures, possibly to amuse youself because you don’t know that your management style is crumbling people’s investment.”

    On the liberalisation of Africa’s airspace, Okon said while other countries adopted policies to protect their airlines, even as signatories to SAATM, Nigeria allowed its own airspace for all comers.  Nigerian airlines, he noted, are shut out of other African countries with exorbitant charges and other restrictive policiies.

  • Civil societies fault preparation for Plateau poll

    Civil societies fault preparation for Plateau poll

    The coalition of civil society organisations (CSOs) in Plateau State has faulted the  preparation by the Plateau State Independent Electoral Commission (PLASIEC) for the local government elections scheduled for next month.

    The coalition alleged that the refusal of PLASIEC to register Jos-based civil society organisations as election observers meant that the  commission is working to manipulate the election in favour of the ruling All Progressive Congress (APC)

    The coalition held an emergency meeting to discuss the preparation for the election and their relationship with the state electoral commission.

    The Program Manager of the Community Action for Popular Participation (CAPP), Nelson Amanze, who spoke with reporters after the emergency meeting, said: “We got from good source that the PLASIEC Chairman Fabian Ntung is not ready to work with civil society organisations in the state, he has rather registered CSOs from neighboring states which is strange.

    “The PLASIEC Chairman, Fabian Ntung has even gone as far as describing CSOs in the state as fraudulent and that we are operating illegally.

  • CJN, NBA President fault corruption tag on Judiciary

    CJN, NBA President fault corruption tag on Judiciary

    The Chief Justice of Nigeria (CJN), Justice Mahmud Mohammed, and the President, Nigerian Bar Association (NBA), Augustine Alegeh (SAN) yesterday decried the tag on the Judiciary as corrupt.

    Justice Mohammed said the barrage of criticisms against the judiciary is as a result of ignorance of the operations of the judicial system while Alegeh faulted the general condemnation of the third arm of government.

    They spoke in Abuja at a valedictory court session held in honour of retiring Justice of the Supreme Court, Justice Muhammad Saifullahi Muntaka-Coomassie.

    The judiciary has been under attack recently over its handling of corruption and electoral cases. Also recently, President Muhammadu Buhari was quoted as expressing doubt about the commitment of the Judiciary to his government’s anti-corruption war.

    The CJN said: “I make bold to declare that the qualities of conscience and duty are essential to the functioning of our Judiciary.”

    He noted that the Judiciary, “though constantly striving to redress wrongs and tilt the balance in favour of that which is right, has recently had to face the backlash of misguided opinions fashioned without due consideration of the law and rationale for the system of government that we operate.

    “The judiciary is duty bound to act in accordance with the dictates of the law as it stands and not as critics would like it to be. In this sense, naive idealism is, but a pale limitation of legal certainty and it is in observing the career and jurisprudence of such eminent jurists as my lord, Honourable Justice Muntaka-Coomassie that we see this most clearly.”

    Justice Mohammed spoke glowingly about Justice Muntaka-Coomassie, who started as a Magistrate in Kaduna. He expressed the hope that he will now have time for his family and “to catch up with old friends. I am also sure that it will be great to lie in bed till any chosen hour on a Monday morning.”

    Alegeh deplored what he described as the “generalisation and/or categorisation” of the Judiciary as corrupt and a stumbling block to the Buhari administration’s war against corruption

    The NBA President also pledged the support of the bar to resist any attempt to intimidate or harass judicial officers.

    “Whilst acknowledging that there may be a few bad eggs in the system, the NBA restates unequivocally that ýthe categorisation of the entire judiciary as corrupt is a misconception and will stand solidly behind the judiciary in any attempt to intimidate or harass its personnel.”

    “The NBA however wishes to souýnd a note of warning to the few bad eggs in the system to desist from further causing untoward embarrassment to the judicial arm of government and will henceforth petition any judicial officer involved in or suspected to be involved in any corrupt or fraudulent transaction to the appropriate quarters for action. We believe that a word is enough for the wise and that wise counsel will prevail in this regard.

    Alegeh called for the full compliment of justices of the Supreme Court from 15 to “the constitutional quota of 21.”.

    He suggested an arrangement where the apex court occasionally holds special sessions in various regions to deal with cases from such regions, an arrangement he argued, was capable of reducing the litany of appeals and workload of the court.

    On welfare, Alegeh suggested the extension of the current practice of building houses for retiring CJNs o other Justices of the apex court

    Justice Muntaka-Coomassie disappointment about the state of affairs in the Judiciary.

    “I am using this medium to appeal to governments at all levels to free the Judiciary from the bondage it has been subjected to over the years. Let it not just be said to be independent, but should indeed be seen to be transparently independent.

    “There should not be any string attached. We should not also like to negotiate our financial independence. Let the Judiciary take its destiny in its hands. Enough of being fed with the crumbs from the master’s table.

    I have devoted 38 of my 70 years to services to my fatherland. I came into service with great enthusiasm and expectations, but unfortunately, I am today retiring with maginal satisfaction. My regret, from all indications, is the regret of many of my retired colleagues.

    “The Nigerian Judiciary is only third arm of government on paper. It has always been treated like a paper tiger in the scheme of things. I want to use this opportunity to call on the relevant authorities to put the Judiciary in a proper perspective. It should be placed and treated as the third arm of government in every meeting and programs as enshrined in the Constitution,” Justice Muntaka-Coomassie said.

  • No one can fault our report on Amaechi – Senate Ethics Committee

    No one can fault our report on Amaechi – Senate Ethics Committee

    Chairman of the Senate Committee on Ethics, Privileges and Public Petition, Senator Sam Anyanwu (PDP-Imo East), has said  no one can fault the committee’s  report on Transport Minister  Rotimi Amaechi.

    Anyawu was reacting to suggestion that Nigerians might have no faith in the committee following the circumstance surrounding  the confirmation Amaechi as minister during his screening by the Senate.

    He said, “Our report on Amaechi cannot be faulted in any way. We have received commendations from over five Senior Advocates of Nigeria (SAN) for standing firm. I do not have any grudges against anybody; I am only doing my job. I am one man nobody can put in his pocket.

    “I don’t fight for anybody, I do the right thing. If people do not have confidence in this committee, they will be demoralized and discouraged from sending in petitions.”

    He added that ordinary Nigerians who were wrongfully dismissed from their offices, “who did not have money to go to court or fear of persecution” have brought their cases before the committee.

    “When we ask agencies to re-instate people who were wrongfully dismissed, we equally insist that such persons are not victimized. This is people’s parliament; we are the voice of the voiceless,” he said.

    He also said the committee would not do the bidding of  Senate President Bukola Saraki, on the petition against Code of Conduct Tribunal Chairman, Danladi Umar.

    Anyanwu, reacting to allegation that the committee would likely do the bidding of Saraki, who is standing trial before the Code of Conduct Tribunal over alleged false declaration of assets said that the committee owed Nigerians and nobody else, the responsibility to treat the petition on merit.

    According to him, the fact that the petition is coming at a time Saraki is standing trial at the CCT would not stop the committee from carrying out its constitutional responsibility creditably.

    “Once the petition against Danladi is sent to our secretariat, we will take a look at it, and be rest assured that if we find nothing in the petition, of course, we will write our report.

    “I want to say that I am not doing anybody’s bidding; I have the capacity and I make researches and I have time for fact-finding and come out with a position.

    “Why should Saraki use me to do his bidding? Why would Saraki use any senator to do his bidding? He is my colleague; he is just the Senate President, one among equals.

    “He was elected by his constituents and my constituents brought me here. So, it not about doing Saraki’s bidding. If I have a responsibility to discharge my duty based on the petition because I am Chairman of Ethics and Privileges, I will do it. The most important thing is your conscience,’’ he said.

    The lawmaker said the National Assembly is determined to support President Muhammadu Buhari in the fight against corruption.

    He said the legislature would stop at nothing to ensure Nigeria assumes its pride of place in the comity of nations.

  • ASUU leaders fault sharing formula for N200b fund

    ASUU leaders fault sharing formula for N200b fund

    Leaders of the Academic Staff Union of Universities (ASUU) have faulted the sharing formula for the Federal Government’s N200 billion intervention fund for public universities.

    The union, last year, went on a prolonged strike protesting Federal Government’s inability to implement agreements it reached with the union years back.

    Among the agreements was the government’s yearly provision of funds to upgrade infrastructure in public universities beginning with the release of N200 billion.

    But months after ending the strike, it was learnt that the union’s leaders disagreed on the sharing formula for the fund.

    The Ministry of Education and the Nigerian Universities Commission (NCC) were said to have agreed that the fund be shared 80 per cent to federal universities and 20 per cent to state universities.

    The 80:20 sharing ratio, it was learnt, has pitted the state chapters of ASUU against their federal counterparts.

    Inquiries in some state universities showed that the chapters of ASUU were angry with the ministry and NCC and were prepared to resist the formula.

    The Chairman of ASUU at the Bayelsa State-owned Niger Delta University (NDU), Dr Bekee Sese, said the 80:20 sharing formula in favour of federal universities was unfair.

    The union leader said no university had accessed the funds, adding that the Federal Government was reluctant to allow state universities benefit from the cash.

    He noted that since the money was “an intervention fund”, there was no basis for the discrimination.

    Dr Sese said most governors were not serious about funding state universities.

    The union leader said ASUU’s state chapters relied on the intervention fund to ensure that infrastructural development in their institutions was at par with their federal counterparts.

    He alleged that the 80:20 per cent sharing formula was Federal Government’s deliberate attempt to divide the body.

    Dr Sese recalled that during the negotiations with the government, such a sharing ratio was not mentioned.

    He said: “The initial objective was to use this money to bring state universities at par with Federal universities. It is a deliberate attempt by Federal authorities to divide ASUU along state and Federal universities’ lines.

    “This money is not a budget; it is a special intervention fund. We should stop discriminating against universities. In most of the congresses, the members are not happy about it. But nothing can divide ASUU.

    “This matter is coming after we have concluded the struggle. We will continue to dialogue and discuss.”

    Also, the ASUU Chairman of Ambrose Ali University, Ekpoma, Prof. Esumen, said the sharing formula was the handiwork of the NUC and the Ministry of Education.

    The union leader alleged that it was a ploy to divide the union.

    He added that such a sharing formula was alien to the agreement with the government.

    Prof Esumen said: “Nobody can hide that sharing formula any more. It is true and it was those implementing the agreement that came up with it, particularly those from the Federal Ministry of Education and the NUC. They are the architects of this.

     

     

     

  • David-West, Momoh, Uche, CNPP fault President

    David-West, Momoh, Uche, CNPP fault President

    Other eminent Nigerians also disagreed with the President’s plan to take the report of the National Conference to the National and states assemblies.

    Prof. Tam David-West, Prince Tony Momoh, Mr Chris Uche (SAN) and the Conference of Nigeria Political Parties (CNPP) faulted the President’s idea.

    But Mr Yusuf Ali (SAN) said “if there is a will, there is a way”.

    To David-West, the plan is an indication that both the President and the lawmakers seem not to understand the constitution they are operating.

    The renowned professor of Virology said: “I am concerned and very much worried for some time now over how the amendment of the constitution is being discussed by the National Assembly. I was one of the few people that drafted the 1979 Constitution and it is almost the same thing as the 1999 Constitution. It is clear to me that neither the National Assembly nor the president has any power to alter or add one word to the constitution.

    “I am saying this because Section 9 of the Constitution clearly provides for how the constitution can be altered or changed.

    “So, that President Jonathan promised to hand over recommendations of the proposed national conference to the National Assembly for amendment of the constitution shows that he does not seem to have the understanding of the constitution. They are just wasting their time. Neither the National Assembly nor the President seems to understand the constitution they are using.”

    Though David-West expressed support for the conference, he, however, believes that love for the country, patriotism, not conferences, will solve the nation’s problems.

    In Prince Momoh’s view, the President is “exposing himself to suspicion, that after Nigerians have discussed what they want, then the outcome will be handed over to the National Assembly, which is only exercising the mandate given by the people”.

    “Section 14 of the constitution is clear – that sovereignty belongs to the people of Nigeria and through the constitution, government derives all its power and authorities. So, if Nigerians have dialogued and come to the conclusion that this is what they want and you now send the material to the National Assembly, that has delegated power, then, the president has inadvertently exposed himself to suspicion,” the lawyer-politician said, adding:

    “It shows that what he was asking for in the name of National Dialogue was not well-thought out. The question of giving it to the National Assembly to debate does not arise, but if it is given to the Council of State, where you have the President as the chairman, the Vice President, President of the Senate, the Speaker of the House, all past heads of state, the governors, the past Chief Justices of Nigeria and Attorney General of the federation. If you take it there, the President will explain: ‘we have a problem governing the country; this is the outcome of what Nigerians say they want’. The Attorney General will be asked to package the legal outcome into a brief. And when they do that, the material will be given to the President of the Senate, the Speaker of the House, all the governors of the states and then the National Assembly, where it will have to go through second and third readings and then the following day or two days later, the Houses of Assembly and the governors will endorse it.

    “But the President wants to start by sending it to the National Assembly to start debating it; if it is done this way, then the President’s efforts will be useless, time wasting and diversionary.”

    The former minister, who is also a journalist, said: “This is because the Justice Uwais Committee reports and I think Justice Belgore Committee’s and other reports have been sent to the National Assembly since 2010 and nothing came out of them. This will also go to the National Assembly and nothing will come out.”

    Uche (SAN) said it was unrealistic to have a national dialogue and incorporate the decisions into the constitution between now and 2015 when we are to hold another general election.

    His words: “It is unrealistic because constitutional amendment is a arduous and tortuous process. It is time consuming. When you take into consideration the time it will take the conference to dialogue and collate its report before forwarding it to the national and states assembly for ratification, the time is not there.”

    Insisting that the timing is wrong, Uche said already the political atmosphere is charged with the intra-party crises tearing the ruling party apart and its effect on the polity. Though National Dialogue is a welcome development it could have started earlier in the life of this administration, he said.

    He faulted the planned conference which has no sovereign power. “National Conference is a talk shop; its outcome is not binding; its report is subject to legislative and executive decision. Government may not accept recommendations of national dialogue’ Uche said, adding:

    “Nigerians expect the President to convoke a Sovereign National Conference in which the true representatives of the people would take far-reaching decisions that would be binding on the government and the people. That is the concept of national conference.

    “A new constitution is expected to emerge from the Sovereign National Conference. A referendum is supposed to hold where people will express their acceptance or rejection of the new constitution. That will be the first peoples’ constitution in this country.”

    The CNPP said a national conference without sovereignty is diversionary.

    In a statement in Abuja by its National Publicity Secretary, Osita Okechukwu, the CNPP said: “Whereas we support national dialogue; however, it is our candid opinion that any national conference that is not sovereign, where the outcome of the conference is subjected to a national referendum at this point in time is a sheer waste of resources, time and hence diversionary.”

    The “CNPP recalls that since our return to democracy in 1999, the National Assembly at various times had embarked on the process of amendment of the 1999 Constitution and at no time was any of the fundamental issues amended.

    “We stand to be corrected, so as to reassure Nigerians that handing over the outcome of the present national conference report to the National Assembly is better than convening a Sovereign National Conference will pass to our children a far better country than we now have.”

    Ali SAN disagreed, saying that it is possible to hold a national conference within six months, adding that what is required is commitment.

    Ali said: “If there is will, there is a way. If we are truly committed to have national dialogue, it is feasible. It can be done within three or six months if the commitment is there.”

    He said the report of the conference is subject to the ratification of the National and States Assembly given the present constitutional order. He said the incorporation of the conference’s report could be done in form of constitution amendment.

  • NSE, SEC fault Stockbrokers’ Bill

    NSE, SEC fault Stockbrokers’ Bill

    The Nigerian Stock Exchange (NSE) and Securities and Exchange Commission (SEC), yesterday faulted some sections of the proposed Chartered Institute of Securities and Investment Bill, 2013.

    The two agencies spoke at a one-day public hearing organised by the Senate Committee on Capital Market on a “Bill for an Act to Repeal and Enact the Chartered Institute of Stockbrokers (CIS) Act Cap. C9 LFN 2004” in Abuja.

    The two bodies noted that though the Bill is well intended from an operational point of view, it would lead to duplication of regulatory oversight functions.

    Head, Corporate Service Division of the NSE, Bola Adeeko, in his presentation, expressed concern over the composition of the governing council of the proposed body.

    Adeeko noted that the membership of the board as proposed contradicted the 2004 Act, where the NSE is permanently represented as the foremost agency in the capital market.

    He also noted that the scope of the proposed Bill needed to be adequately articulated and defined.

    He said: “The proposed bill seeks to regulate and control the practice of Securities Dealings and Investment Advisory profession and for related matters.

    “The regulatory functions and powers needed to be clearly defined and restricted to professional standards and ethical conducts”.

    On his part, the Executive Commissioner, Operations, SEC, Mr. Mounir Gwarzo, said though repeal and reenactment of the Act is capable of strengthening the capital market, there was need to carry all stakeholders along.

    According to him, SEC is not comfortable with some provisions of the Bill.

    Gwarzo said: “We believe from what we have seen in the Nigerian Capital Market in the last 10 to 15 years that there is a lot of value in CIS certifying brokers.

    “If such certification is extended to other operators in the market, it is our opinion that we will be able to get the best out of it. But we also caution on the need to have everybody on board. Get the buying in of all the stakeholders.”

  • Abortion law: Women groups fault Okorocha, church

    Women organisations yesterday faulted the demand of the Church and the directive of Imo State Governor Rochas Okorocha to abrogate the controversial abortion law, which was passed by the House of Assembly.

    They urged the lawmakers to ignore the governor’s directive.

    The Federation of International Women Lawyers (FIDA) and other women groups, including the National Council or Women Societies (NCWS), praised the House for passing the Violence Against Persons Prohibitions (VAPP) Law, otherwise known as abortion law.

    The law, which had sparked criticisms from the church, was revoked by the governor.

    The National President of FIDA, Mrs. Hauwa Shekarau, who led the group during a visit to the Speaker, Benjamin Uwajumogu, described the law as a beautiful piece of legislation and one of the best laws passed by the Assembly.

    She said the law not only protects women’s rights but men and children as well from violence and other infringements on human rights.

    Mrs. Shekarau said those agitating for its abrogation were doing so out of ignorance, misunderstanding and to misinterpretation of the law.

    The FIDA boss insisted that Okorocha’s call for the amendment of the law was not right, noting that women should be allowed to exercise their reproductive rights.

    The state Chairman of the group, Lady Ethel Echebima, called for more effort towards educating the public on the benefits of the law, rather than amending it.

    She argued that the provisions of the said “Abortion” law were very clear and should be allowed.

    The NCWS President, Mrs. Lois Osueke, said the law should be left as it was passed, adding that the only problem with the law is the interpretation.

    The Speaker said the lawmakers would always stand by any law they make, no matter how it was received.

    He, however, said the House would not fail to recognise the importance of religious views but warned that “these views can only be accommodated to a certain extent”.

    Uwajumogu said: “It would be stupid of us, if we fail to recognise the position of religious leaders in our society. We will accommodate their views but only to a certain extent.

    “The Catholic Church, for instance, is still very much against the use of condoms as a means of protection from diseases because it is also a contraceptive but that is very unrealistic.”

    He said the law would be published for the public to be better educated on its provisions, noting that there would be a public hearing before any amendments would be made to the law.